It's would have problem for get visa?

[clw654321 159]

10 hours ago, hyeonjinsung said:

Yes i guess so, because we was searched his mugshot before. If he gave mugshot or something impormation. But we didn't find anything. Anyway; im glad it's not have big problem. I really searched about this problem 2days. Because i really worrying and get stress suddenly;

He checks yes and gives detailed and honest information. If he puts "no" here it WILL be denied.

Mark yes and be honest and it will not be an issue.

NEVER LIE to immigration. If you ever lie to them you will be banned from the US.

One crime is no big deal at all, a lie is the worst thing you can do.

[clw654321 159]

1 hour ago, davidvs said:

Please have him look very closely at this question and answer it correctly.

 

You said the friend had an "electronic wedge" (I am not sure what this is, but you may mean some sort of radar detector) and that was the reason for the arrest... He needs to find out if he was arrested for a crime, or a traffic violation. If he was arrested for a crime, the answer is yes. If it was for a traffic violation, the answer may still be yes, based on additional details.

If he was arrested the answer is yes regardless. 

I know someone that got arrested for something he did not do 25 years ago. Charges got dropped and records expunged, his fiancee made it all the way to the interview and they found this out during AP so they got denied.

He did not even think about this because it was so minor.

Always mark yes if ever arrested. 

Edited June 6, 2019 by clw654321

[davidvs 320]

12 minutes ago, clw654321 said:

If he was arrested the answer is yes regardless. 

I know someone that got arrested for something he did not do 25 years ago. Charges got dropped and records expunged, his fiancee made it all the way to the interview and they found this out during AP so they got denied.

He did not even think about this because it was so minor.

Always mark yes if ever arrested. 

Not completely true. The question says:

 

Part3,-4a

Have you ever been arrested,  cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance in any country, excluding traffic violations ( unless a traffic violation was alcohol or drug related or involved a fine of $500 or more?)

 

If he was arrested for a non-alcohol/drug traffic violation where the fine was less than $500, the answer would be No. 

 

This is a narrow category, and for peace of mind it may be best to say yes, but there clearly are cases where an arrest does not require a yes answer.

 

 

[clw654321 159]

10 minutes ago, davidvs said:

Not completely true. The question says:

 

Part3,-4a

Have you ever been arrested,  cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance in any country, excluding traffic violations ( unless a traffic violation was alcohol or drug related or involved a fine of $500 or more?)

 

If he was arrested for a non-alcohol/drug traffic violation where the fine was less than $500, the answer would be No. 

 

This is a narrow category, and for peace of mind it may be best to say yes, but there clearly are cases where an arrest does not require a yes answer.

11 minutes ago, davidvs said:

and for peace of mind it may be best to say yes

 

Ah, You're right. I would answer yes also anyway.

[davidvs 320]

1 minute ago, clw654321 said:

Ah, You're right. I would answer yes also anyway.

The more I think about it, while you can TECHNICALLY say no, I would probably answer yes also.

 

 

[Ash.1101 1,755]

Please have your fiancé more involved in the process and ideally have him join this website. He will have to fill out more information and will have to do the paperwork for you when you come into the US and marry. 

 

He needs to get used to the process now. This is just the beginning and the easiest part.

[ClickityClackity 133]

5 hours ago, davidvs said:

Please have him look very closely at this question and answer it correctly.

 

You said the friend had an "electronic wedge" (I am not sure what this is, but you may mean some sort of radar detector) and that was the reason for the arrest... He needs to find out if he was arrested for a crime, or a traffic violation. If he was arrested for a crime, the answer is yes. If it was for a traffic violation, the answer may still be yes, based on additional details.

Even if the record is expunged it has to be disclosed. Except for the traffic violations

Edited June 6, 2019 by Mary&Rafa

[Celie 793]

17 hours ago, hyeonjinsung said:

My fiance is American. And we will send visa at this Friday

But i have some problem at i 129f

My fiance is have one criminal.

When he is a teenager.

I remember he said he ride for friend at some where. But that friend had electronic wedge. So he went to jaill 1day. 

This is big problem for i get fiance visa? 

I'm confusing about how to write at i 129f my fiance had criminal part.

 

Part3,-4a

Have you ever been arrested,  cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance in any country, excluding traffic violations ( unless a traffic violation was alcohol or drug related or involved a fine of $500 or more?)  - yes or no

 

I should say "yes"? Or " no"?

As other said, you should have him fill this out, but most probably he should be okay IF he answers truthfully and provides proof of his arrest. (he can go to the courthouse and ask for info on that)

 

If you lie and say no, then yes that's a problem.

 

 

[Shiran 1,134]

7 hours ago, davidvs said:

 

You said the friend had an "electronic wedge" (I am not sure what this is, but you may mean some sort of radar detector) 

I assumed that the friend had electronic restraining collar and petitioner drove him (possibly unwittingly) outside of the permitted area, but it is just a guess. 

[debbiedoo 2,339]

he needs to tell the truth and get a copy of the record with the final disposition. most things will not result in a denial as long as he is honest and tells about it

 

i have stuff on my criminal record from years ago (dumb kid stuff) and it did not cause one single issue with the K1. because i was honest about it and provided documentation.

Edited June 6, 2019 by debbiedoo

[SmallTownPA 71]

If the offense was minor, and occurred before age 18 then it may have been expunged

 

15 States do this - Alaska, Arkansas, California, Florida, Illinois, Montana, Maryland, Nebraska, Nevada, New Hampshire, New Mexico, North Dakota, South Carolina, Texas and Virginia AUTOMATICALLY.  

 

Also many charges, as part of a plea deal, may be expunged after probation/restitution.

 

So you CAN answer NO to the question if you are sure the records have been sealed/expunged, as LEGALLY THEY NEVER HAPPENED.  So you are not lying.

 

And as long as OP signs that forms that she completed them, its completely legal for her to do so.

 

Does no one read PART 7 of the I-129F?  I mean come on.

Edited June 7, 2019 by SmallTownPA

[LaBeach 29]

your fiance should answer yes and obtain a copy of certified court records showing what became of the case. If his record was expunged then the court will provide a letter saying there is no record.

[Ryan H 3,790]

Moved from Progress Reports to Process & Procedures.

[geowrian 22,335]

On 6/7/2019 at 1:04 PM, SmallTownPA said:

So you CAN answer NO to the question if you are sure the records have been sealed/expunged, as LEGALLY THEY NEVER HAPPENED.  So you are not lying.

This is incorrect. It happened. There is still a record of it happening. USCIS and DOS can see that record. People have received RFEs for this.

 

The I-129F directly says this above the referenced question: "NOTE: If you were ever arrested or convicted of any of the specified crimes, you must submit certified copies of all court and police records showing the charges and disposition for every arrest or conviction. You must do so even if your records were sealed, expunged, or otherwise cleared, and regardless of whether anyone, including a judge, law enforcement officer, or attorney, informed you that you no longer have a criminal record. "

 

At least 1 VJ member recently had their I-129F approved but the K-1 visa denied due to non-disclosure of an expunged crime from 30 years ago: